Research On The Abuse Of The Right To Apply For Government Information Disclosure

New the government information disclosure regulations of the People’s Republic of China(hereinafter referred to as "the regulations")has been implemented for more than a year,and published regulations clearly put forward "in public,for normal,not open for the exception to the principle of",among them,the government information disclosure regulations indeed do the regulation in the application right abuse,but in terms of the act itself,is too fuzzy,Moreover,there are few regulations on this aspect.Whether in law or practice,it cannot effectively regulate the abuse of government information disclosure application right,and the problem still exists.Since the development of China’s government information disclosure system to today,there have always been different views on "the judgment standard of abusing the application right",but the revised provisions of the new Regulations are still abstract and general.How to identify the abuse of the right to file? The provisions do not provide specific guidance.Therefore,on the basis of guaranteeing citizens’ right to know,it is very necessary to regulate the abuse of the application right of government information disclosure,construct the criteria for judging the abuse of the application right,further limit the discretion of judicial administrative organs,and guide citizens to rationally and normatively use the application right of information disclosure.Based on both the referees of the government information disclosure right abuse of both the referee as the research object,through the case analysis,empirical study,induction combined with theoretical study on China’s net written judgment of the overall situation of the government information disclosure right abuse summary,analysis the cause of the government information disclosure right abuse,That is,the existing system is not perfect,the government’s disclosure work is not in place,the judicial determination standard of the abuse of the application right is not uniform,and the applicant’s irrational application.Therefore,administrative organs should adopt what specific regulation measures are put forward,and how should the judicial organs and administrative organs of the administrative law enforcement to cooperate with each other,guide citizens to use information public right,reasonable,standard and construction of a high transparency,strong service of the government under the rule of law,at the same time,also effectively promote the long-term development of the government information publicity system.